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Halappa and Rajamma vs The State of Karnataka

Karnataka High Court · Decided on 15 March 2011 · Citation: (2011) 03 KAR CK 0338

HON’BLE JUDGES
A.S. Pachhapure, J
ACTS & SECTIONS REFERRED
Dowry Prohibition Act, 1961 — Section 3, 4, 6 · Penal Code, 1860 (IPC) — Section 206, 304 3, 306, 34, 498A
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 296 of 2011
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Judgment

8 paragraphs · 409 words

A.S. Pachhapure, J.—The Petitioners are the parents-in-law of the deceased-Kavya. The deceased was loving Praveen, and later married him about 6 months earlier to the incident. It is the case of the prosecution that after the marriage, the Petitioners were subjecting the deceased to cruelty and harassment insisting her to bring dowry. Ultimately, on 27.02.2010, she left the house and was not known for few days. Later, her dead body was floating in the Bommadevara tank. It is thereafter, a complaint came to be lodged by the father of the deceased against the Petitioners for the offence punishable under Sections 498-A and 304-3, 206 r/w. 34 IPC and under Sections 3, 4 and 6 of the Dowry Prohibition Act

2.

I have heard the learned Counsel for the Petitioners and the learned Government Pleader.

3.

The 1st Petitioner is aged about 50 years and the 2nd Petitioner is aged about 45 years. Furthermore, as could be seen from the allegations in the complaint, there is a general statement with regard to demand for dowry. It is net in dispute that the deceased committed suicide by drowning in the tank. So, taking into consideration, the materials placed on record, prima facie the material placed on record is for the offence punishable u/s 306 IPC. Anyhow, as to whether there was any harassment or otherwise will have to be proved only during the course of the trial. Taking into consideration that the Petitioners are aged and that there are general statements with regard to insistment for dowry, I am of the opinion that it is a fit case wherein bail could be granted.

In that view of the matter, the petition is allowed. The Petitioners are ordered to be released on bail on their executing a personal bond for a sum of Rs. 25,000-00 each with two solvent sureties each for the like sum to the satisfaction of the Sessions Judge with further following conditions:

1) The Petitioners shall be made available for interrogation by a police officer as and when they are required.

2) They shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

3) They shall attend the Court as and when directed.

4) They shall appear before the concerned Police Station every Sunday in between 9.00 and 10.00 a.m.